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CENTRE FOR CITIZENSHIP CONSTITUTIONAL ELECTORAL SYSTEMS LBG (CENCES)
V.
THE ATTORNEY-GENERAL AND 2 ORS

(2025) JELR 114516 (SC)

Supreme Court 21 May 2025 Ghana
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- The Plaintiff filed an original action before the Supreme Court, challenging the President’s determination of a prima facie case and subsequent suspension of the Chief Justice, alleging violations of Articles 17, 19, 23, 125, 127, 146, 29

Case Details

Suit Number:J1/20/2025
Judges:BAFFOE-BONNIE AG. CJ (PRESIDING), AMADU JSC, KULENDI JSC, KWOFIE JSC, DARKO ASARE JSC
Counsel:JACOB ACQUAH SAMPSON ESQ. FOR THE PLAINTIFF/APPLICANT WITH GEORGE ANANG PRAH ESQ AND MISS PHILIPINE ADASE ESQ. DR. JUSTICE SREM SAI (DEPUTY ATTORNEY-GENERAL), FOR THE 1ST AND 3RD DEFENDANT/RESPONDENT WITH AKAWARE ATINDEM (SENIOR STATE ATTORNEY), AND REGINALD NII ODOI (STATE ATTORNEY). KWABENA ADU KUSI ESQ. FOR THE 2ND DEFENDANT/RESPONDENT WITH GLORIA GYAN-ASEA ESQ. AND SOLOMON AUBYN ESQ.

RULING

MAJORITY OPINION:

KULENDI JSC:

INTRODUCTION:

  1. On the 15 of May, 2025, the Plaintiff/Applicant, hereinafter called the Applicant, commenced the instant suit invoking the original jurisdiction of this Court, seeking the following reliefs:

i.  A declaration that upon a true and proper interpretation of articles 17(1), (2), (3), 23, and 296, 146(1), (2), (3)(4) and (6), of the Constitution, the purported determination by the President communicated by the Secretary to the President dated 22nd April, 2025, in respect of three petitions presented for the removal of  the Chief Justice does not constitute a determination of a prima facie case and is therefore null, void and of no effect;

ii. A declaration that upon a true and proper interpretation of articles 17(1), (2), (3), 146(1), (2), (3) and (6), 125(3), and (4), 127(1) and (2) of the Constitution, the purported determination by the President communicated by the Secretary to the President that a prima facie case has been established again…

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